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Minutes - 1996 - City Council - 09/30/1996 - SpecialJOINT EAGLE CITY COUNCIL AND PLANNING AND ZONING MEETING · S Minute ~eptember 30, 1996 Council The Eagle City Council met in regularly session on September 30, 1996. Mayor BOWER presiding. The following members of City Council were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER, NANCY MERRILL. Bastian arrived late at 7:05 p.m. The following members of Planning and Zoning were present: BERT BRADLEY, DON BRINTON, FARRIN FARNWORTH, COLLEEN MAILE. Russ Mayer is absent. A Quorum is present. Masner moves to include a new item 4.J. to be called Executive Session to discuss personnel matters. Withdrawn upon showing of other notice. Mayor: All received copy of notice of executive session for Tuesday night. NEW BUSINESS: A. Eagle Sewer D strict Representative Report. Q&A session (PZ) Masner: Eagle sewer district is in session tonight, may appear later. Recommends postponing item until later in meeting. B. Eagle Water Company Representative Report. Q&A session (PZ) Mayor: Introduction. Bert Bradley came forward to ask for issues that he w shes to discuss. Bob Deshaso representing Eagle Water Company, ca~e forwaCd Eagle Waterin May completed pump #6. Some problems, but shoul~ be re~olved ~ qui~kly~ ~:\COUNCIL\MINUTES~1996\CCPZ0930.MIN 1 Unsure on subdivision needs but waiting on the Sewer District Moratorium. Recently completed an "Emergency Line" off of HY55, Eagle Springs, volume there bu~the pressure was not. Put in 11 casings, from Ballentyne to Monroc for future development. 24 tube des gned to handle future needs. To handle development on~e no~h and ~0Ulh ~ide~ of the bypass. Future growth in proposed intersection (see tape). Planning ahead, but difficult to define until the moratorium lifts. VanEnglen Estates #2, well is drilled and ready to go. Waiting on a letter from Dept. Of Water Resources. Well has been tested at 3,000 gpm, pump is designed for 3,000 at 20 psi. Bradley: Low pressure on Echohawk? DeShaso: Power outage causes problems, waiting on a backup generator. Fire flow testing is complete. Eagle Springs conducted a fire flow and in the Brookshire. Butler: Planned a reservoir tank? DeShaso: Financial approval. Must be granted by the County Commissioners. Now a holdup, many discussions, now with the sewer moratorium, new customers must pay for the addition, not existing ones. Waiting on a letter from the Ada County Prosecutor. Butler: Some sort of map showing the boundaries? DeShaso: Will have his engineer furnish a copy to City. Discussion on Merrill Park water supply. Masner: Single biggest concern is a gravity flow water system, concerned that Eagle Water can't provide this. Loan obtained from bank? DeShaso: Again because of the moratorium, unsure on the status of the loan. Hasn't heard. ; :ii!: r~:ii~i iii! Masner: Assume that the moratorium ends tonight. HOw c H:~COLrNCIL~MINUTES\1996~CCPZ0930.MIN 2 bring on a reservoir? De'has°! Unsure on the time frames e.g., Ada county, DEQ,. More prone to push a generat~r-ty~e SYstem rat~er than a gravity flow. If his board and stockholders. Masner: Do you have an assurance from First Security on the financing? DeShaso: Doesn't know. Merrill: discussion on definition of generator set system. Emergency services. DeShaso: Cost on the generator 50% less than the reservoir. Bastian: cost discussion. DeShaso: discussion on the problems of the past with battery failure. Mayor: Are you able to get water to the islands of the road south of state street? DeShaso: Can when the road is torn up to connect the loop to AIbertsons. Mayor: Discussion on the electrical and the water to the islands. DeShaso: Western equipment experiences discussion. Masner: Well published that United Water will pay $150K to use the Lexington Hills lines. Eagle water should be given the same offer. DeShaso: Wishes a written offer to present to his shareholders. As president, unlikely since the Masner: On the record that Eagle Water has every opportunity to present to his shareholders. H:\COUNCIL\MINUTES~1996~CCPZ0930.MIN 3 Bastian: Wishes to hear from General Water. Bert Brad'!~ey: VVhere does the PUC stand and the ruling north of floating feather an( ~ DeShaso: This is an uncertified area. Bradley: Where does Eagle Water stand on this issue? General discussion on services for the area and rates for consumers. Masner: Moves that the Mayor and staff to prepare a letter offering Eagle water the opportunity to bid on the Lexington Hills water system. Seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... United Water Comoany Representative Renort. Q&A session Kathy Schifflet: representing United Water, also an officer with EM2, that manages the Eagle City Water System, came forward to offer discussion. Bradley suggested providing a report on the general status of the company and services. United Water has two wells, one in island woods, two wells have the capacity for the projected growth south of the river. UW also has one at the middle school and at the high school. Generator in place at the floating feather location to provide the backup. A power problem was discussed along with the solution. General discussion of area of service. Yzaguirre: Volume of the backup generator? Okay for fire flows? Answer yes. Masner: Your company has gone on record to pay $150,000 this fiscal year. Gravity flow system capabilities (financial and otherwise), correct? Schiffiet: Gravity flow is their system. Constant pressure as,well as backup water. At this point, the current customer base doesn't areas with adequate height to allow the pressure. Re~dy t° go uate M: ~COUNCIL~MINUTES~i 9 9 6 ~CCPZ0 9 3 0. MIN 4 number of customers. MayOr: Area? Beacon Light and Floating Feather. sGhi~et: ~90~in~ ~°~ ~he ~ig~ t~gight and layout. End of Eagle Road would be a good location. Masher: Is there a number of customers that justifies this? Schifflet: Unknown. Prepared to do that when it is justified. Masner: Would like to understand how far away United Water is from this services. Would like some feedback on when? Who is willing to get the tank up there the fastest, United Water or Eagle Water? Schifflet: With customer growth, probably a few years. Bastian: Interested in buying the City system? Schifflet: This is the topic that brought UW to Eagle in the first place. Would be very interested in negotiations to do this. Bastian: Requires a vote of the citizens to do this. We probably should get out of the water system. The vote 2-4 years ago failed to create a city-wide system. Maybe sell it to the highest bidder. Unsure on the feelings from other m Moves to sell the Eagle City Water System to the highest bidder. Seconded by Masher. City Attorney: Requires a number of issues prior to sell. Bastian: Directs legal council to draw up the necessa~ documents to begin the sale of the city water system. H: \COUNCIL~MINUTES\ 1996 \CCPZ0930 .MIN ~ Merrill: Put into FY 1997 budget the $150K to use. Where would the sale of this system fit into this budget. Id disappear and the sale price would take its place. Ma~r: Si~c, ~fee ~r $150K. MOU would not be exercised at that time. City Attorney: If the MOU were executed today, United Water could continue to use the line regardless of the buyer. UW may not wish to buy if they have the easement. Brinton: Question on making motions during an irregular meeting. City Attorney: OK per the open meeting law. Brinton: How to tie into existing system. How to tie into the north side to the south side. General discussion on the relevance of the discussion to the motion on the floor. Merrill: Ask Council and City Attorney: are these the only two water companies around? City Attorney: Many, this issue will require some time (possibly after February) in order to meet the voting requirements. Merrill: call for the question. ALL AYE, MOTION CARRIES .... City Attorney: 45-day rule, end to mid-February to commence this. Don Brinton: Are there any plans to do this? General discussion of the water plans. Discussion of ~he e¢onom csof developers and the selection of the water compan es PUC nvo V~ment and ~neral discussion of water service scenarios. Open discussion from audience on service areas of UW and Eagle Water. Yz~biCre D&~ suggested t~at the Lexington Hills system is bad. The first well is ok~, the ~ec°nd is qUeStionable, what are the needs, does it meet them? Schifflet: General discussion. Existing wells would be phased into a backup model and the search would begin to find a new source. October 15 will be the next fire flow test by the Eagle Fire Department. Masner: Two wells, good and the sand-pumper. Focus on quantity. How do you rate the quality. General discussion on well types and issues. ACHDIITD Report on State Street Transfer to ACHD. Q&A session Mayor: Suggests calling ACHD to attend the next P&Z meeting. Brinton: Suggests hearing a status report. Butler: Talked extensively to Dave Splitt and Steve Spikelmier. Curbs and gutters. Dec. 15. No parking signs in front of the auction house and the right population numbers. Dave Splitt appears willing to do the tasks we want. Spikelmier seems willing to look at sidewalks.. Pulled out map on the state street. Discussion of the letter to ACHD on what we wanted on the sidewalk issue. Mayor: Introduction of Jim and Lynn from the Eagle Sewer District. Jim: Tabled issue on trucking until next week. DEQ meeting will be Friday. Met with EMPDS on dumping effluent in the river. Still can't sale permits, maybe next month but no promises. Nothing definite. In the hands of other people. Both City and County P&Z. Looking for areas that effluent can be used. Will be having meetings soon for use in this purpose. Must be a place to pu~the effluent~ H:~COUNCIL\MINUTES~1996\CCPZ0930.MIN 7 Masner: Attended a meeting with a group of builders, seemed positive, what jir~ iWo~ing ~Ossi~ie additional fee to haul from Eagle site to the Boise Bastian: How much can be hauled? Jim: About 6,000 per truck, cost about $160 per month to haul per connection. General discussion on the costs. Bastian: What is the best solution for the long term? Jim: Unknown, engineers will figure this out. General discussion on water quality requirements. Merrill: Sen. Bunderson felt the long-term solution would be the filtration ponds, then go to the regionalization of sewer treatment among the various cities. Jim: Discussion of gravity-fed sewer system makes more sense than pumping upstream. Clean Water Act requirements. General discussion on questions from group: Unclear on the regionalization issue from DEQ. Held hostage? Push Eagle to do this? No. State money available? Yes. Remains a district? In Boise, all the districts remain the same. Discussion of legislation to provide the sewer district combinations. State Code reads that the only people than can receive the district is Ada County. Baker property discussion, appraised but not offered to buy. Boise is the strong on mechanics, Eagle is strong on the natural approach. Infiltration samples are a higher quality standard than most drinking water wells. Does DEQ have everything they need to issue the permit? Yes Lynn: Wants to decrease the level of nitrates. Normali~ the ~rmit~ ate iS~Qed H:\COUNCIL\MINUTES~1996~CCPZ0930.MIN 8 through the DEQ central office. No good reason for DEQ to sit on the permit, other than to blame Eagle Water for the unusually high levels of pollutants from another source. City could help with the political channels. Treat the issue as an an~ind~ht i~ the existing ~year permit. Mayor offers to help. Annexation of Impact Area. General discussion of topic. Mayor: Introduction of issue and of the handout from the City Engineer, Vern Brewer. Give Vern the okay to proceed? Merrill: Would like to hear P&Z and their call on this issue. Brinton: Initial call, unsure on why this is only 5 acres or less. Mile north, sports complex stopped the issue. What is this issue about, what area are we really looking at. Masner: The Council has discussed for some time the issue of annexation. Many of the tax dollars escape the city as they fall outside the area. Some of the more vocal people are those outside the city limits. Time to reach out and gather these people into the limits, and able to gather the tax dollars. Discussion of areas of impact and comprehensive plan. Bastian: Not sure we should annex the entire area of impact. No fire protection, no water, no police, maybe have basic agreements, that any subdivisions would be serviced by Eagle Water or United Water, or Sewer District, must be come part of the City. Rather typical of this issue. Developing an agreement with the various groups that provide service, a united front, to make them part of the City. General discussion of city needs and the annexing issues. Merrill: Feels there are all advantages, no d sadvantages. Maile: From the perspective of Planning and Zon ng, ~nnexi~g theent ma~ea ~f H:~COUNCIL~MINUTES~1996~CCPZ0930.MIN 9 impact is recommended. city Att°rney: If large undeveloped areas in between the subdivision, must be co~fl§U0u~, the cities planning for services. If in the area of impact so~e attempt !~ made. City doesn't already provide some of the basic services. County is involved if the impact area is expanded. No standard for impact size, determined through negotiations. Discussion on process. Annexing the land within the county. Cannot annex land outside the area of impact? Yes, cannotannex. Lynn: Sewer plan comparable to the Comprehensive plan of the city. General discussion of the issues of services providers (from audience) and the taxing districts, and impact on potential landowners in the taxing arenas. United Water and Sewer districts are willing to help out. Masner: Pull up GIS maps at Ada County, holes in the current city limits. Postal Services increase with better city limits and annexation. Farnworth: Fear of lawsuits if Eagle City can't follow through. Recess at 9:20 p.m. -- 9:30 p.m. Interior Illuminated Si_~ns. General discussion of topic. Mayor: Introduction of the issue. Bert Bradley: Unhappy with the total elimination of the interior illuminated signs. If the area is small, such as the downtown, doesn't feel it meets with the entire city of Eagle area. Brinton: Under pressure to bring the ssue to the C ty ~ouncil. The real problem is not a back-lit sign, but rather the brightness. Genera ~JscUss onof Godfathem · - ? Maybe imt t~e total pizza. Maybe open up the ssue to the committee ag~!n. H: ~COUNCIL~MINUTES~ 19 9 6 ~CCPZ0 9 3 0 .MIN 10 restriction to the downtown area. Maile: Feel that this was a good attempt, now, maybe let the ordinance rest as it is for ~hile M~St afflueh~ section of Ada county, this is a bigger draw than other po~J0ns" °~the ci~ Farnworth: Same as Brinton. Subway issue. Reason for asking for a committee, is to possibly reduce the brightness of the signage. Masner: First position, identify and attract attention. In the petitions, keep the charm and small-town feel of Eagle. Wants the village feel. Took zone out to bypass, then to major shopping center, failed to see the fairness. Clear that signs that identify, and not signs that attract attention, in order to keep the small-town look. Businesses come here because of population. Bastian: Led the charge on uniform signage. Different requirements for signage are not consistent with the goals of the city. Very firm on this issue. Difficult to define a pleasing interior-lit sign. Must be consistent in the policy (ten years). Wants this town to be special, typically a bedroom community of Boise, and should be kept as such. No willingness to revisit this issue. Yzaguirre: Prefer interior lit signs. Outvoted in the council meeting. Hates exterior- lit signs, high-maintenance, subject to vandalism. Important for uniformity. Unfair advantage for signage. Need for uniformity. No willingness to revisit the issue due to expense on the business owners. Merrill: Lead the march, discussion of the pictures. Unfair to change due to a mistake such as the Subway issue. Unfair (illegal) to enforce the issue on content. Unwilling to revisit this issue. Exterior lit is much more pleasing, softer, better. Let's live with this ordinance, rather than continually amend. General discussion from audience. Discussion of ht~g ssue (Gary B aylock from g Evans Building Center). Proh b ts product advert s ng ntent was for predbminate H:~COUNCIL~MINUTES~1996~CCPZ0930.MIN 11 signage from national advertisers. ~ #276. Discussion of possible amendments to the Design Ma~r: M. Butler: City Attorney and Butler will begin working on the amendment for the metal siding issue. Description of the DR board. Yzaguirre: Volunteered Yzaguirre and Merrill to research and bring back to council the makeup of the committee. Merrill: Tree issue discussion, fines, replacement, painful to developers to take down trees. Butler: Landscape guidelines? Merrill: Feels the need for stronger enforcement, tree for a tree, or total caliper to that destroyed. General discussion from audience, minimum size for tree replacements, Tree City USA listing to continue to qualify. Status of Comprehensive Plan Chanaes. General discussion of possible amendments to the Eagle City Comprehensive Plan. Mayor: Introduction of issue. General discussion of issue. Masner: Speak to the school portion of the comprehensive plan, strongly guided by the school district, possibly following City of Meridian. Jim Carberry provided a document, to be given to P&Z for discussion. Listening more on the development of subdivisions, forcing developers to set aside schoo~ land sites. Discussion of possible changes to comp plan, higher ~ensiti~s, et~ Gen~al H:\COUNCIL~MINUTES\1996\CCPZ0930.MIN 1 2 discussion on Where is the sewer, where is the water. Ba~ian: Uniform development both east and west of the city? Brinton: G~enera d scusSon ~ orderly development. Possible change in the plan to allow for development to the west. Rural development, urban development. Current residences purchased to have the lower density. Masner: Group will to keep the comp plan to keep the rural character of the city. Bastian: Disagree with this. Well-developed sites, trees, open spaces, running water, ponds, and the like, can preserve this type of character. Believes that there can be quality development. Discussion of his philosophy of a city layout and character. Mayor: Impact fee for parks, capital improvement plan, required in the comp plan. Start scheduling the issues that were previously tabled. Farnworth: School districts changed our plan. Pain in the neck on 5-acre plots. Maile: Would like to know the formula for affordability. Mc-Mansions on small lots. Section 8 affordable housing. Argument is difficult to hold onto. Merrill: land acquisition map for city, and other districts. Another thing we need is a copy of the economic development plan from the committee. Masner: Suggest consideration by P&Z to consider light industrial for new HY55 and Chinden. Yzaguirre: Report was issued to P&Z committee. Masner: What happened to the river and streams port bn of the comp plan? H:~COUNCIL~MINUTES~1996~CCPZ0930.NIN 1 3 Bastian: If the City Attorney is tasked to do an ordinance, it would take app. one month. Setbacks would require a large amount of work. Mayor: Inaccurately that we were app. 90% there. This is not even close to the truth. Early draft came from the first draft of the Boise plan. A number of the planners that created this draft were not happy with it. Not the place for the City Attorney to make land use law. This is another subject, under the SAG. G neral Dis ussion. General discussion of issues and practices relating to the City Council and the Planning and Zoning Commission. Merrill: Compliments to the Eagle p&7., Pleased to have this meeting. Value their judgement and appreciate their hard work. Brinton: Set a schedule for every 5th Monday to have a joint meeting (quarterly). General discussion on intent of the meeting. Masner: Is the Council supportive of the P&Z? Farnworth: Making preliminary decision, feel that we are not as informed as they should be. General discussion on new process on how it should change the information flow. Approving subdivisions without services? Seen in the past? Mayor: Next issue is executive session. Confused on this issue, clear up this issue in the front end. Talk about the planner? Merrill: Not the only issue. Masner: In this instance, P&Z has a lot at stake. H: ~COUNCIL~MINUTES~ 1996 ~CCPZ 0930 .MIN 14 Merrill: Discussion on Planning and Zoning Administrator as a public officer or staff officer. Bastian: Moves that the council goes into executive session for purposes of dis~bssing a Per~nhei i~su~, seconded by Masner. Mayor: Wishes the city attorney to give a finding on this issue prior to proceeding, e.g., elected officials, governing board, going into executive session. City Attorney: Not elected officials, nothing in the code that speaks either way. If their attendance will aid in the discussion, since P&Z relies on the city employees, can bring them into meeting to discuss the issue. Informed and specifically involved. Sees no problem having them here. Recommends that the issue remains confidential rather than a general matter of city business. Mayor: Requests Roll Call Vote: Bastian: AYE, Yzaguirre: AYE, Masner: AYE, Merrill: AYE COUNCIL MOVED INTO EXECUTIVE SESSION WITH MEMBERS OF PLANNING AND ZONING AND CITY STAFF, Eagle City Council Members, the Planning and Zoning Commission, and the Zoning Administrator, met to discuss personnel matters. Moved by Masner to leave executive session, seconded by Yzaguirre. ALL AYE, MOTION CARRIES... [NOTE: CITY COUNCIL MOVES OUT OF EXECUTIVE SESSION.] Move to adjourn by Masner, seconded by Yzaguirre. ALL AYE, MOTION CARRIES... Having no further business the Council meet ng adjourned at 12:15 am. M:~COUNCIL~MINUTES~1996\CCPZ0930.MIN 15 Respectfully submitted: EAGLE CITY CLERK/TREASURER MAYO~ CI"Ik'AI~; A. BOWER H: ~COUNCIL~MINUTES~I 996 \CCPZ0930. MIN 16